The Council of State challenges the texts imposing online procedures for residence permits

The highest administrative court asked the government to provide “an alternative solution” to this dematerialization of the public service.

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The Council of State challenged, Friday, June 3, the texts requiring that the steps of foreign nationals to obtain their residence permits in France be done only online. The highest administrative court asked the government to provide “an alternative solution” to this dematerialization of the public service.

The Council of State canceled the decree of March 24, 2021 and the decree of April 27, 2021, considering in its decision that an exclusive use of teleservice can only be imposed if “the normal access of users to the public service and the effective exercise of their rights are guaranteed”. Alerted to numerous malfunctions for users who were unable to complete their procedures on the internet since the entry into force of these texts on May 1, 2021, several associations and unions had seized the Council of State.

“In view of the characteristics of the public concerned, the diversity and complexity of the situations of the applicants and the consequences that have on the situation of a foreigner, in particular on his right to remain in France and, in certain cases, to to work there, the registration of his application”, it is the responsibility of the State services to plan “A support” Where to guarantee the possibility of resorting to an alternative solution”.

Concretely, this amounts to asking the State to again provide physical access to the prefectures for certain cases. Until the government reviews its copy, “the administration will be required, by exception, to allow the filing (of applications for residence permits) according to another method”completed the Council of State.


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